- 1 - HC-KAR NC: 2026:KHC:10171 WP No. 3659 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 3659 OF 2026 (GM-AC) BETWEEN: SHRIRAM GENERAL INSURANCE COMPANY LTD., POLICY ISSUING OFFICE-E8, EPIP, SITAPURA INDUSTRIAL AREA, JAIPURA, RAJASTHAN-302022. NOW REP. BY ITS MANAGER LEGAL SHRIRAM GENERAL INSURANCE COMPANY LTD. NO.5/4, 3RD FLOOR, S.V.R ARCADE, BINALAKALLI MAIN ROAD, BILEKAHALLI OF B.G.ROAD, IIMB POST, BANGALORE-76 COMPANY IS REGISTERED UNDER THE COMPANIES ACT. …PETITIONER (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND: 1. SMT. MUMTHAJ (MUMTHAZ) BANU, W/O LATE WAZEER AHAMMED, AGED ABOUT 44 YEARS 2. MOHAMMED MASOOD S/O LATE WAZEER AHAMMED, AGED ABOUT 24 YEARS 3. MUSKAN BAN, D/O LATE WAZEER AHAMMED, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10171 WP No. 3659 of 2026 AGED ABOUT 22 YEARS 4. TAJ PEERSAB, W/O LATE FAREED SAB, AGED ABOUT 92 YEARS AL ARE R/AT KUMBAR BEEDHI, M.G. ROAD, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT - 577 228 5. IQBAL PASHA S/O PYAREJAN, AGED ABOUT 59 YEARS R/O KHAZI BEEDHI, TARIKERE TOWN, CHIKKAMAGALURU DISTRICT - 577 228 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 14.10.2025 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND PRINCIPAL JMFC (MACT) AT TARIKERE IN MVC NO 398/2022 AT ANNEXURE-E ON THE IA NO.III AT ANNEXURE-C AND ALLOW THE APPLICATION NO.III FILED BY THE PETITIONER UNDER ORDER VII RULE 11(d) READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE R/W SECTION 166(3) OF THE MOTOR VEHICLE ACT AS PER THE ANNEXURE-C IN MVC NO.398/2022 AND HOLD THAT THE CLAIM PETITION IN MVC NO.398/2022 AT ANNEXURE-B FILED BY THE RESPONDENT NOS. 1 TO 4 IS BARRED BY TIME AND IS NOT MAINTAINABLE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:10171 WP No. 3659 of 2026 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER This petition is by the Insurer who is called upon to answer a claim under Section 166 of the Motor Vehicles Act, 1988 [for short, 'the Act'] in the claim petition in MVC No.398/2022 on the file of the Senior Civil Judge and MACT, Tarikere [for short, 'the Tribunal']. The petitioner has filed an application under Order VII Rule 11[d] read with Section 151 of the Code of Civil Procedure, 1908 contending that the claim petition cannot be entertained because it is filed beyond six months from the date of accident. The Tribunal, by the impugned order dated 14.10.2025, has rejected the petitioner’s application. The question: whether a claim petition filed beyond six months from the date of the accident can be entertained is pending with the Apex Court in SLP Nos.8412-8413/2023 and similar matters in the writ - 4 - HC-KAR NC: 2026:KHC:10171 WP No. 3659 of 2026 petition in WP [Civil] No. 166/2024 and connected matters. It remains undisputed that the Apex Court by its interim order dated 16.12.2025 has observed that the pendency of the writ petitions/special leave petitions before it shall not come in the way of the claim petitions being adjudicated by the Tribunals but with the stipulation that judgments shall not be finalized. This Court is of the considered view that with the afore-stipulation, this petition must be disposed of observing that the Tribunal's impugned order will be subject to the outcome in the pending matters before the Apex Court. With this arrangement, the inquiry into the merits of the claim petition will continue, but the Tribunal will refrain from pronouncing its judgment and award so that the decision on the merit of the claim petition otherwise will be subject to the Apex Court’s decision on the afore question. - 5 - HC-KAR NC: 2026:KHC:10171 WP No. 3659 of 2026 The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE nv List No.: 4 Sl No.: 3